If someone refuses to take the breath test or the blood test, they can still enroll into the Maryland DUI Diversion Program. They will be at the highest tier, Tier 3, but they will be allowed to go into the MD DWI Diversion Program aka the Maryland First Offenders Program. Where a lot of people have the misconception, and even police officers, that if someone refuses to take the test then they will tell the people that they arrest that they will not be qualified, they will not be eligible for the first offender ARD Program, which is not true. They will be allowed to still go into the program.